Assault/Battery Attorney in Clermont, Florida
Facing assault and battery charges can lead to serious legal consequences, so it’s important to get the right legal counsel regarding the options available to you if you’ve been arrested.
At the Law Offices of D.D. Archer, PA, our assault and battery defense attorney is dedicated to protecting the rights of Florida citizens and families throughout Polk County, Lake County, Sumter County, and Seminole County. If you or a loved one is facing charges, reach out to our office in Clermont, Florida, and let’s start fighting for your justice.
Assault & Battery Charges in Florida
Assault and battery are often grouped. However, these terms refer to different situations. In general, assault refers to an act of physical violence. Regardless of its severity, the actual act can immediately trigger criminal charges. Also, please note that assault is prefaced on the threat of physical violence, even if the charged individual follows through on these threats.
Florida law considers battery as touching or striking a person without their consent. In other words, battery refers specifically to physical harm coming to a person and is the result of following through on threats of physical violence.
Ultimately, assault and battery charges are usually issued together, given the threat of physical violence (assault) and the actual physical harm (battery) being inflicted on a person.
Please note that battery charges tend to have more serious consequences than assault. Assault charges, such as threatening to hit someone in a bar fight, may result in a misdemeanor charge. However, a battery charge such as unwanted touching or attempted rape may constitute felony charges.
What Are the Penalties for Assault & Battery Charges in Florida?
Misdemeanor charges typically involve a fine and a maximum one-year prison sentence. Probation may be sentenced instead of jail time, depending on the charged individual’s record.
Felony charges generally carry prison terms of more than a year. Typical felony battery charges can have a maximum five-year prison term. Nevertheless, having a criminal record may result in an increase of the charged individual’s overall prison term.
An experienced criminal defense attorney can work with prosecutors on negotiating a fair penalty. For instance, a battery charge may actually be an assault. Whatever your situation may be, our attorney will advocate for an outcome that matches your crime and upholds your rights.
What Is Aggravated Assault?
The term “aggravated assault” refers to inflicting severe bodily harm on an individual.
Let’s go back to the bar fight example. Suppose two individuals get into a verbal and physical fight after a few drinks. One individual injures the other so badly that hospitalization is required. In this situation, aggravated assault charges may ensue.
Aggravated assault differs significantly from simple assault due to the nature of the injuries sustained in an incident. Suppose the two individuals at the bar get into an argument. One individual throws a glass at the other. The glass breaks and cuts the other individual’s hand. This situation would likely constitute regular assault charges, as there was an intention of causing harm and a physical act of violence, but the resulting injury was less severe.
Now, consider this situation: A married couple argues at home. One spouse threatens the other with physical violence. The aggressor proceeds to attack the victim. The attack is so severe the victim requires surgery. In this situation, aggravated assault and battery charges may ensure, given the threat, acting upon the threat, and the severity of injuries.
Additionally, it is important to consider the use of a weapon. Using a weapon (e.g. a knife, bat, or firearm) can add to the charge’s severity. For instance, “assault with a deadly weapon” is a common charge resulting from a robbery. Similarly, aggravated battery may be considered when a threat of physical harm involves a weapon such as a knife or a firearm.
Assault and battery defenses generally involve one or more of the following:
Self-defense refers to using force to defend one’s physical integrity from harm or threat (e.g. injuring a suspect during a mugging).
Defense of others involves using force to defend someone else from a threat or perceived threat of physical violence (e.g. injuring a carjacker during a robbery attempt).
Defense of property entails defending one’s personal property from a threat of theft or destruction (e.g. homeowners using physical force to defend their property from rioters).
Consent implies having clearance to touch or engage in physical contact with another person. This defense can be tough to prove. Without solid evidence, this defense may rest on one person’s word against the other’s.
Assault & Battery Defense Attorney in
At the Law Offices of D. D. Archer, PA, we strive to help our clients protect their right to a fair defense. We believe that no one should be defined by a crime or mistake, which is why we will work hard to voice your truth and fight for your best possible outcome. Call our office today in Clermont, Florida, to get in contact with a trusted criminal defense attorney.